Bank of Waterville v. Beltser
New York Supreme Court
The plaintiffs’ complaint in this action was as follows :— " The plaintiffs above named complain against the defendant above named, that on the 25th day of March, A. D. 1856, at the city of New-York, made his certain promissory note in writing, whereby he promised to pay to the order of A. H. Guston fifty dollars, for value received, which note was then and there delivered, by the defendant, to said A. H. Guston, who afterwards endorsed and delivered the same to Hartshorn,…
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The plaintiffs’ complaint in this action was as follows :— " The plaintiffs above named complain against the defendant above named, that on the 25th day of March, A. D. 1856, at the city of New-York, made his certain promissory note in writing, whereby he promised to pay to the order of A. H. Guston fifty dollars, for value received, which note was then and there delivered, by the defendant, to said A. H. Guston, who afterwards endorsed and delivered the same to Hartshorn, Clark, Babcock & Co., and that the said Hartshorn, Clark, Babcock & Co. afterwards duly transferred, and for value…
1Opinion of the Court
Emott, Justice.
The answer in this action does not allege that the plaintiffs are not corporations. It only objects to the complaint that it does not contain averments by the plaintiffs themselves of their corporate existence, and their consequent right to sue. It is very questionable whether such an objection should not be taken by a demurrer in the present instance; but that question it will not be necessary for me to discuss. Perhaps this portion of the answer may be regarded as a demurrer.
The main question in the case is, whether, in a suit by a. corporation, the plaintiff is bound to…
2Cases cited4 opinions
- President of the Bank of Utica v. SmalleyNew York Supreme Court · 1824
- Bank of Michigan v. WilliamsNew York Supreme Court · 1830
- Lang v. RopkeThe Superior Court of New York City · 1853
- Camden & Amboy Rail-Road & Transportation Co. v. RemerNew York Supreme Court · 1848
3Cited by4 opinions
- Betts v. BacheThe Superior Court of New York City · 1862
- La Fayette Insurance of Brooklyn v. RogersNew York Supreme Court · 1859
- Abbott v. New York CentralThe Superior Court of New York City · 1872
- Holmes v. StietzCity of New York Municipal Court · 1884